Section 90-A: Use of agricultural land for non-agricultural purpose

¹[(1) No person holding any land for the purpose of agriculture, and no transferee of such land or any part thereof, shall use the same or any part thereof, by the construction of buildings thereon, shall use the same or any part thereof, by the construction of buildings thereon, shall use the same or any part thereof, by the construction of buildings thereon or otherwise for any other purpose except with the written permission of the State Government obtained din the manner hereinafter laid down and otherwise that in accordance with the terms and conditions of such permission.

(2) Any such persons desiring to use such land or any part thereof for any purpose other than that of agriculture shall apply for the requisite permission in the prescribed manner and to the prescribed officer or authority and every such application shall contain the prescribed particulars.

(3) The State Government shall, after making or causing to be made due inquiry in the prescribed manner, either refuse the permission applied for or grant the same subject to the prescribed terms and conditions.

(4) When any such land or part thereof is permitted to be used for any purpose other than that of agriculture, the person to whom such permission is granted shall be liable to pay to the State Government in respect thereof -

(a) an urban assessment levied at such rate and in accordance with such manner is may be laid down in rules to be made in this behalf by the State Government, or

(b) such amount by way of premium as may be prescribed by the State Government, or

(c) both.

(5) If any such land is so used –

(a) without the written permission of the State Government being first obtained, or

(b) otherwise than in accordance with the terms and conditions of such permission, or

(c) after such permission having been refused under sub-section (3), or

(d) without making any of the payments referred to sub-section (4), the person originally, holding the land as aforesaid for the purpose of agriculture as well as all subsequent transferees, if any, shall be deemed to be a trespasser or trespassers, as the case may be, and shall be liable to ejectment from such land in accordance with Section 91 as if he or they had occupied or continued to occupy such land without lawful authority and to every such proceeding the provisions of Section 212 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) shall apply as if such land were in danger or being wasted, damaged or alienated:

Provided, that State Government may, in lieu of having such person and the subsequent transferees so ejected from the land in question, allow him or them, as the case may be, to retain such land, use the same for any purpose other than that of agriculture on payment to the State Government, in addition to the urban assessment and premium payable under sub-section (4) of fine by way of penalty as may be prescribed.]

²[(5A) Notwithstanding anything contained in any other provision of this section, the agricultural land may be used without permission for such non-agricultural purposes as may be prescribed by the State Government.]

³[(6) Where permission under this section is sought with respect to a land situated in an urban area, the permission shall be granted only if the desired non- agricultural purpose is permissible in accordance with the law applicable in that area and is in consonance with the master plan or any other development plan or scheme, by whatever name called, in force, if any, in that area.

(7) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, when an order granting permission under this section is passed with respect to a land situated in an urban area, on and from the date of such order.-

(a) tenancy rights over such land of the person to whom permission under this section is granted shall stand extinguished; and

(b) the land shall be deemed to have been placed at the disposal of the local authority under section 102-A and shall be available for allotment to the person to whom permission is granted under this section, or to the successors, assignees or transferees of such person, by the local authority for any permissible non-agricultural purposes in accordance with the rules, regulations or bye-law made under the law applicable to the local authority, subject to the payment to the local authority of urban assessment or premium or both leviable and recoverable under sub-section (4).

(8) Notwithstanding anything to the contrary contained in this Act and the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955) where before [31st December 2021] any person, holding any land for agricultural purposes in an urban area or within the such land or part thereof for consideration by way of sale or agreement to sell and/or by executing power of attorney and/or will or in any other manner for purported non-agricultural use, the rights and interest of such person in the said land or holding or part thereof.as the case may be, shall be liable to be terminated and the officer authorised by the State Government in this behalf, shall, after affording an opportunity of being heard to such person and recording reasons in writing for doing so, order for termination of his rights and interest in such land and thereupon the land shall vest in the State Government free from all encumbrances and be deemed to have been placed at the disposal of the local authority under section 102-A and shall be available for allotment or regularization by the local authority for any permissible non-agricultural purposes in accordance with the rules local allotment made, or Patta given, by a Housing Co-operative Society or on the basis of any having possession over such land or part thereof, as the case may be, on the basis of document of sale or agreement to sell or power of attorney or a will or any other document purporting transfer of land to them either by person whose rights and interests have been to be terminated under this sub-section or by any person claiming through such person, subject to the payment to the local authority of urban assessment or premium or both leviable and recoverable under sub-section (4):]

Provided that-

⁴[(i) nothing in this sub-section shall apply to any land in respect of which any allotment has been made or patta given by a housing Co-operative Society aftr 16th June 1999.]

⁵[(ii)] nothing in this sub-section shall apply to any land belonging to deity, Devasthan Department, any public trust or any religious or charitable institution or a wakf;

⁵[(iii)] no proceedings or orders under this sub-section shall be initiated or made in respect of lands for which proceedings under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (Central Act No. 33 of 1976), the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Act No. 11 of 1973) and the Rajasthan Land Reforms and Acquisition of Land Owners Estate Act, 1963 (Act No. 11 of 1964) are pending.

⁶[(9) Any person aggrieved by an order of an officer or authority made under this section may appeal within thrity days from the date of such order to such officer not below the rank of Collector as may be authorised by the State Government in this behalf, who shall, as far as practicable, disposed of such appeal within a period of sixty days from the date of its presentation and if he is unable to dispose of the appeal within the aforesaid period, he shall record reasons therefore. An order passed under this sub-section shall be final.

Explanation.- For the purposes of this section.-

(a)"Local Authority" in relation to a local area, means an authority constituted or designated for, or entrusted with the function of, planned development of that area and includes an Urban Improvement Trust constituted under the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959) the Jaipur Development Authority constituted under the Jaipur Development Authority Act, 1982 (Act No. 25 of 1982), the Jodhpur Development Authority constituted under the Jodhpur Development Authority Act, 2009 (Act No. 2 of 2009) or a Municipality constituted under the Rajasthan Municipalities Act, 2009 (Act No. 18 of 2009

(b) "Urban Area" means an area falling within Jaipur region as defined in clause (8) of section 2 of the Jaipur Development Authority Act, 1982 (Act Noi. 25 of 1982), Jodhpur region as defined in clause (8) of section 2 of the Jodhpur Development Authority Act, 2009 (Act No. 2 of 2009) or a municipal area as defined in clause (xxxix) of section 2 of the Rajasthan Municipalities Act, 2009 (Act No. 18 of 2009) or an area specified as such in a notification issued under section 3 of the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959) or an area for which a local authority is constituted or designated under any law for the time being in force;

(c) "Urbanisable limits" means the urbanisable limits indicated in the master plan or master development plan of a city or town prepared under any law for the time being in force and where there is no master plan or master development plan, the outer limits of the municipal area;

(d) "Peripheral belt" means the peripheral belt indicated in the master plan or master development plan of a city or town prepared under any law for the time being in force and where there is no master plan or master development plan or where peripheral belt is not indicated in such plan, the area as may be notified by the State Government from time to time.]